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NAMIT KUMAR
Bhupinder Singh – Appellant
Versus
Gururaj Singh – Respondent
JUDGMENT
Namit Kumar, J.
Instant revision petition has been filed under Article 227 of the Constitution of India challenging the order dated 09.08.2023 (Annexure P-6) passed by Rent Controller, Amritsar, in Rent Petition No.508 of 2016 titled ' Gururaj Singh v. Bhupinder Singh ' whereby application filed by the petitioner-tenant for dismissal of ejectment petition filed by the respondent-landlord, has been dismissed.
2. Brief facts relevant for disposal of the present revision petition are that respondent filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 before the Rent Controller, Amritsar, seeking ejectment of the petitioner from premises i.e. 113 sq. yards forming part of property khana shumari No.1552/11, situated at Tirath Shah Bhatia Road, inside Sultanwind Gat, Amritsar. Upon notice, petitioner filed his written statement. During the pendency of the rent petition, petitioner filed an application for dismissal of the petition, which has been dismissed by the Rent Controller, vide impugned order dated 09.08.2023.
3. Learned counsel for the petitioner contended that impugned order passed by the Rent Controller is perverse and not sustainable
The tenant's admission of rent payment to the landlord after the alleged property transfer influenced the court's decision to uphold the eviction.
Once an issue has been adjudicated in court, it cannot be re-litigated in later proceedings, maintaining the authority of previous judgments on the same matter.
The central legal point established in the judgment is the stringent requirements for ejectment of a tenant by an NRI landlord under Section 13-B of the Act, 1949, and the presumption in favor of the....
The finality of an eviction order and the locus standi of a third party to file objections under the rent restriction act.
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